SPOONER'S CREEK LAND CORPORATION v. Styron

The sufficiency of a deed to convey title can be adjudicated by the submission of a controversy without action under G.S. 1-250; however, all persons having an interest in the controversy must be parties to the end that they may be concluded by the judgment and the controversy be finally adjudicated as in the case of an action. Peel v. Moore, 244 N.C. 512, 94 S.E. 2d 491; Realty Corp. v. Koon, 216 N.C. 295, 4 S.E. 2d 850.

The principle is well settled that where lots are sold and conveyed by reference to a map or plat which represents a division of a tract of land into streets, lots, parks and…